CITY COUNCIL REGULAR MEETING AGENDA
SEPTEMBER 7, 2010
CLOSED SESSION: 6:15 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council will hold a Regular Meeting on September 7, 2010, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an open session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:15 p.m. The Closed Session will be held in the City of Livingston City Hall Conference Room located at 1416 C Street. The agenda shall be as follows:
A “Closed” or “Executive” Session of the City Council or the Livingston Redevelopment Agency may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 1416 C Street, Livingston, California. Any public comment on closed session items will be taken before the closed session. Any required announcements or discussion of closed session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.
1. Conference with Legal Counsel – Existing Litigation.
Government Code Section 54956.9(a).
a. Foster Poultry Farms, Inc. v. City of Livingston, Merced County Superior Court, Case No. CV000292, California Court of Appeal, Fifth Appellate District, Case No. F059871.
b. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752.
2. Conference with Legal Counsel – Anticipated Litigation.
Government Code Section 54956.9(b).
Significant Exposure to Litigation (1 Case).
CALL TO ORDER
Next Resolution Number: 2010-49
Next Ordinance Number: 590
Pledge of Allegiance.
Closed Session Announcements
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation by John Alexander, Chief Executive Officer of the Livingston Medical Group.
2. Proclamation Designating September 17-23, 2010, as “Constitution Week.”
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
3. Resolution Conditionally Approving Site Plan/Design Review 2010-06 for the Clearwire
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed. .
4. Approval of Minutes of Meeting Held on June 15, 2010.
5. Approval of Warrant Register Dated September 1, 2010.
DISCUSSION AND POTENTIAL ACTION ITEMS
6. (1) Presentation of the City of Livingston Domestic Wastewater Treatment Plant Percolation Ponds Reconfiguration Basis of Design Report, (2) Authorization to Relocate Evaporation Ponds so that Nearest Pond is Over 500 Feet from the Merced River, (3) Abandon 2,000 Feet of Poor Quality Pond Levees Along the Merced River, (4) Leave Approximately 19 Acres of Ponds #1 to #6 Fallow for Possible Conversion to a Recreation and Riparian Habitat Area in the Future, (5) Aphorize the Construction of New Ponds #10 and #3R from Eight Acres of Ponds #1 to #3, Deepening Them to the Same Level as Ponds #7 and #8, and (6) Authorize Design Phase of Pond Reconfiguration.
7. City Manager Announcements and Reports.